Articles
Making a Gift of Your Land
Photo: Lyn Winans
The Process
Choosing the Recipient
Land donation is very much a personal decision that has to be based on a high level of comfort between the donor and the recipient.
All three levels of government (federal, provincial and municipal) and Crown agencies are qualified to accept land in Haliburton County. A complete list of qualified non-government recipients can be found at http://www.cws-scf.ec.gc.ca/egp-pde/default.asp?lang=En&n=9D3A4276-1.
Along with the HHLT, the list includes such organizations as the Nature Conservancy of Canada, Ontario Nature, Ducks Unlimited and the Federation of Anglers & Hunters.
Government institutions may last forever and they have the public funds to pay expenses and upkeep, but they have an easier time disregarding the donor's wishes. Private agencies such as a Land Trust would find it more difficult to alter the terms of a donation.
Going hand in hand with the acquisition of property by a non-government agency, there may be a need to do considerable fund-raising. In some cases, the donor may be asked to supplement his gift with funds to ensure adequate on-going management.
Contact between the donor and recipient is likely to begin with a walk of the property during which time informal discussions revolve around such topics as ecological sensitivity, conservation approaches, tax implications and the time to completion.
Negotiating an Agreement
If a landowner chooses a Land Trust as the recipient of his land, their agreement will be designed to meet the needs of both parties. The agreement may stipulate that the Trust will assume responsibility for making all applications and getting appraisals as needed to complete the transaction. As for the hand-over, it may be as simple as the donor transferring title to the Trust.
There are more complicated arrangements. The agreement may permit the donor to continue to live on the property until his or her death or the death of another designated family member under a life estate agreement.
A piece of land might be severed off for the use of the owner or the sale might be a split-receipt arrangement consisting partly of a donation and partly of a payment to the owner by the Land Trust.
Given the need to negotiate terms with which the donor is comfortable, it may take quite some time to complete an agreement. It is important that as negotiations proceed, family members are kept informed so that they, too, are aware of the donor's intentions.
Last Updated: Jun 29 2010 12:10:21 am.
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Photo: Lyn Winans
Did You Know...
that there are 12 Species at Risk in the Haliburton County. These species include American Ginseng, Peregrine Falcon and Five-lined Skink. Find out more about Species at Risk.
